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Florida Domestic Violence Questions & Answers
1 Answer | Asked in Civil Litigation, Family Law and Domestic Violence for Florida on
Q: Can I block legally from my bf returning to residence after playing music n bar as I am high risk in virus?

I want to legally block my bf from returning to our shared residence after playing music in bar as I am high risk in contracting coronavirus & he REFUSES to agree to go elsewhere after playing to change clothes, shower & take all exposed equipment (he has a “following “ of people known... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 22, 2020

it's his as much as it is yours. So your best bet is to find another place to live.

1 Answer | Asked in Child Custody, Child Support and Domestic Violence for Florida on
Q: Hello, I’m currently dealing with a child support case for my 2 children. The non custodial parent is “self employed”

and I have proof that he makes more than what he is telling such as photos with large amounts of money and messages of him admitting he has more also I feel that visitation should be revoke bc of the welfare of my boys I have multiple threat messages and him neglecting them in messages what should... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Sep 17, 2020

You need to file something with the court asking for what you want. If you want to increase child support or reduce timesharing then it is a modification. If you want to enforce something then it is a motion for enforcement.

1 Answer | Asked in Domestic Violence for Florida on
Q: I was arrested for domestic violence on Dec. 13, 2019. I wasn’t served with the injunction notice until mid January.O.K.

Chris my husband of six years and we’ve been together for 30 has a serious drinking problem well he got in my face that December night and I kept moving away from moving away and living right and finally I had enough and I just stormed past him to the kitchen he went to the bathroom apparently... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 22, 2020

This is something you should ask your attorney.

1 Answer | Asked in Domestic Violence for Florida on
Q: I was accused of domestic violence last December (Slapped my spouse) then he had an injunction placed on me for a year.

My lawyer thinks the judge will dismiss the case. My question is if I’m found not guilty, and I am, would the injunction be lifted automatically even though a different judge ordered it. Or would I have to go in front of that judge and ask if he would lift it?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 18, 2020

Those probably would be two different things: contempt of court for allegedly violating the injunction, and whether the injunction should continue. But ask your attorney to be sure.

2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Florida on
Q: What can i do?

The judge take my child from me and delivered in teh hands of a sexual offender without the child be attended first to his counsel and set me to have supervised visitation with my child up to 2 times a week. The order was not served by hand, mail or e-mail. The order do not present any steps for... Read more »

Henry George Ferro
Henry George Ferro answered on Aug 13, 2020

You paint a very serious picture...has the judge issued a ruling yet...and what kind of hearing was scheduled and what happened...remember appellate time frames...Although it sounds like any appeal of this case is unlikely...Custody issues are always reviewable...Sounds like something went terribly... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Florida on
Q: Can a judge go and talk to the jury during deliberation without his black robe on.

I ask why is court reporter way on the other side of the room and not taking notes. To record our meeting we had in the middle of the court room, During deliberation. It was me my pd state atty an the judge. No court reporter. Before trial started my pd and me had a meeting in attys booth.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 9, 2020

Yes, the judge can talk to the jury without wearing the robe. The robe is just cosmetic.

1 Answer | Asked in Domestic Violence for Florida on
Q: I have a restraining order out against me and I don't know if it is better to not get served the papers or to take them?

I am being accused of harassment and can proof I have never harrassed the person. What should I do? If I fight in court how will it go if I proof I'm innocent? I know the other person has no proof it is me harassing them. But if I don't take the papers will it get defaulted automatically?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 27, 2020

No, you don't get defaulted unless you have been served with process.

2 Answers | Asked in Domestic Violence for Florida on
Q: Falsely accused of Domestic Violence when my spouse told the cops and DA that it didn't happen.

I was arrested for Public intoxication, resisting arrest and Domestic Violence which none of this happened. There are witnesses that to this, that could testify that this didn't happen but the DA is still trying to prosecute the incident.

Jeffrey H. Garland
Jeffrey H. Garland answered on Jul 22, 2020

You should retain an experienced criminal defense attorney ASAP. It could surprise you that the innocent need at least the same level of defense as the guilt.

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1 Answer | Asked in Domestic Violence for Florida on
Q: So my dad got arrested on domestic battery charges on his girlfriend. Is there any way I can gain ownership of his house

I'm 19, him and his girlfriend have been living here for 5 years and have a 3 year old son together. I don't want to kick her out but she says she is eventually leaving and I don't want my dad to lose his home.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 26, 2020

Sorry, but I have no idea how you figure that all of this will result in your father loosing his home.

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: Why would public defender not want to do depositions to prove what victim said was untrue.

Also victim stated she was intoxicated at time her statement was recorded isn't that inadmissible. Also there is a drug possession charge but no FDLE report so it's my understanding that a possession conviction can not be obtained.

Henry George Ferro
Henry George Ferro answered on Jun 15, 2020

There are reasons for not taking depositions...although from the sound of your question, yours is the type that depositions should be taken...You need to have a heart to heart conversation with your lawyers and, if you are not satisfied with the response, you should and are able to seek a second... Read more »

1 Answer | Asked in Contracts, Divorce, Family Law and Domestic Violence for Florida on
Q: What should i do if my parents are gonna refuse to sign the emancipation contract?No consequences are faced if i runaway

Im 17 and for the past 5 months ive been receiving verbal and emotional abuse from my mom because im gay thats been messing up my mental and emotional state to the point that sometimes i just wish i wasnt alive and it keeps happening. A few weeks ago my mom jumped on me and choked me so i did call... Read more »

Charles M.  Baron
Charles M. Baron answered on May 30, 2020

Regarding the "contract" you made with your mother, it's not a valid, enforceable contract (even had you signed a proper signature). Minors do not have the legal capacity to enter into contracts, and even if you were an adult, the contract would not be valid for other reasons.... Read more »

1 Answer | Asked in Communications Law, Constitutional Law and Domestic Violence for Florida on
Q: I have a dropped charge DB back in 2014 and Officer was gonna arrest me but I told him to leave cause he wasn't helpful.

My sister was a drug user and my grandmother who has dimensia, bailed her out and presumed to live with us. Keep in mind shes very manipulative. I was in my own room and she was drinking might had done coke to unsure. She started beating on my bedroom door and I opened it to see whats going on. She... Read more »

Charles M.  Baron
Charles M. Baron answered on May 21, 2020

Defend yourself against what? You said the officers left without arresting you, and I assume you mean they also did not give you any notice to appear in court. Also, from your description, it does not sound like the type of police case where they will be in on-going investigation to determine if... Read more »

1 Answer | Asked in Domestic Violence for Florida on
Q: Can I evict my spouse, I dont know what else to do. They are getting abusive and I am scared for myself and our child.

We are not married, but we have a child together. I own the house and their name is not on it. They actually report that they live at their moms house but they live with me. We have been in this house 8 months. I dont want them here anymore. They have gotten so hateful and its affecting my metal... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 14, 2020

I expect that you can get a court order requiring them to vacate the house. And I doubt that the letter will hold up.

2 Answers | Asked in Divorce and Domestic Violence for Florida on
Q: Hi I am in need of legal advice please. Real short I married the man I loved on 2/2/20 at our home by Justice of Peace.

Husband kept cetficate and flushed down toilet just spoke with her yesterday no record Are we legally married or not

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 7, 2020

Yes, you probably are legally married. In what state were you married; Florida doesn't have justices of the peace. If it was in another state, a document should have been recorded (perhaps with a clerk of court) there. Check with the appropriate agency in that other state.

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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Florida on
Q: Can I change jurisdiction of custody and child support from WV to FL. This is a dom violence situation, we have 2 kids,

Out of my and my families fears, and being turned down 2 times for restraining order. I was granted the motion to move to FL to be close to my mom. However, my eldest (who has special needs) wanted to stay with his grandparents (ex’s parents). Although it was hard, with his history (my son) of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 31, 2020

No, you can't "change jurisdiction". The Uniform Child Jurisdiction and Enforcement Act, which has been adopted by both states, would require that jurisdiction remain with the West Virginia court.

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1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Identity Theft for Florida on
Q: I have s lawyer for the idenity theft. He has already had a restraining order issued years ago and charges in ga

His girlfriend and others he pays have tampered with 2 cars my landlord and jobs. I spent all day debugging my house my car and I am afraid

Henry George Ferro
Henry George Ferro answered on Mar 23, 2020

I am not sure what your question is. If I understand your ramblings, you should contact Local Law Enforcement and report the allegations that you have concerning this lawyer or anyone who is engaging in the type of conduct that you are suggesting.

1 Answer | Asked in Domestic Violence, Identity Theft and White Collar Crime for Florida on
Q: Can I file a restraining order on line if it's urgent

I have been stalked harassed and threatened face to face cyber etc has guns 6 yrs

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 22, 2020

Probably.

1 Answer | Asked in Criminal Law and Domestic Violence for Florida on
Q: I accidentally clicked on my ex boyfriends Instagram story. I sent him a message saying i didn’t mean to. Is this hara

I then proceeded to block him. I have not spoken to him in over 6 months. His mom has tried to get me in trouble before and wanted to make sure this could not be defined as stalking or harassing

Jonathan Blecher
Jonathan Blecher answered on Mar 20, 2020

Provided the message was not a string of repeated contacts, I wouldn’t think one message classified as stalking or harassment. Good that you blocked him. Stay off IG if you can’t resist the urge to look at his profile.

2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: If someone pleads no contest to aggravated stalking, can they get it sealed? If so, would the victim know/have a say

I was able to view the record last year on my county public records search, but now the record is no longer there when I search the name

Henry George Ferro
Henry George Ferro answered on Mar 12, 2020

The issue is whether you get a withhold of adjudication and whether you have any other history...whether you plead no contest or plead guilty is irrelevant

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1 Answer | Asked in Domestic Violence for Florida on
Q: How can i get the no contact order lifted so i can return home? How can i get any info about if she presses charges?

I have a domestic battery charge against my sister who i live with with my son. I am not able to return home because of the no contact order with my sister. My son is still staying in the house so he can make it to school. I am in dade city fl which is pasco county.

Jeffrey H. Garland
Jeffrey H. Garland answered on Feb 29, 2020

Request your lawyer to file a motion to permit non-violent contact with your sister, who I am assuming is the alleged victim. Your sister should appear for the hearing. It will be up to the judge to determine whether to grant the motion.

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